institute for intellectual property of bosnia and herzegovina

Institute for intellectual property of

Bosnia and Herzegovina

Bosnia and Herzegovina

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Institute for Intellectual Property Bosnia and Herzegovina Address and Internet: Head Office: Kneza Domagoja bb, 88000 Mostar E - mail: [email protected] Fax: +387 36 31 84 20 Director and Deputy Director, Tel: +387 36 33 43 82

Branch Office: H. Cemerlica 2/IX, 71000 Sarajevo, E - mail: [email protected]

Fax: +387 33 65 27 57

Branch Office:Ugao Bana Lazarevića i Vase Pelagića, 51000 Banja Luka Fax: 51/ 21 83 12 Tel: 51/ 21 85 32 (Centar PATLIB)

WEB: www.ipr.gov.ba E - mail: [email protected]

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Institute for intellectual property of Bosnia and Herzegovina

Started as a self standing institution on January 1. Started as a self standing institution on January 1. 2007 with:2007 with:

EmployedEmployed :13 :13 employeesemployeesWorkspaceWorkspace 220 m2 of the office space in Sarajevo 220 m2 of the office space in SarajevoIT: insufficient and IT: insufficient and unreliableunreliable IT supportIT support

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In 2008 it was neded to improve B&H intellectual property protection system primarily from:

use of intellectual property for the purpose of B&H economic development, in accordance with the requirements of competitive environment in the Eurpean Union and on a global scale;

process of accession to WTO, which commenced in 1999 and which requires the harmonization of legislation in the domain of intellectual property with the TRIPS Agreement;

accession of BiH to Stabilization and Association Agreement -SAA, for which EU negotiations commenced in 2005, prompting the improvement of intellectual property protection in accordance with TRIPS and Acquis Communautaire and the fulfillment of obligations under the Interim Agreement on Trade and Trade Related Matters entered into by the European Community and Bosnia and Herzegovina (Gazette of BiH – International Treaties, number 5/08)

A new, contemporary intellectual property system of Bosnia and Herzegovina, which complies with specified requirements, would thus be established through the improvement of the existing system

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DEVELOPMENT STRATEGYInstitute for Intellectual Property of Bosnia and

Herzegovina (2008 – 2015)

Development of a modern intellectual property system Strengthening the institutional capacities of the Institute

for Intellectual Property of Bosnia and Herzegovina and cooperation with other institutions involved in IP system in BiH

Development of intellectual property system users

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Three basic components of the national IP system: legislation – institutions – users

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1. Legislation:

Copyright and Related Rights Law in Bosnia and Herzegovina "Gazette of B&H ", volumes 7/02, 32/02 i 76/06

Industrial Property Law in Bosnia and Herzegovina "Gazette of B&H", volumes 3/02 i 29/02

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and folowing regulations:

Trademarks Regulations

Industrial Design Regulations

Regulations Concerning the Appellations of Origin

Regulations Concerning the Patent Grant Procedure

Regulations Concerning Professional Criteria for Performing the Function Pertaining to Copyright and Related Rights Enforcement

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2. InstitutionsInstitute for intellectual property of Bosnia and Herzegovina and

Institutions for the enforcement of intellectual property rights and the laws governing their work in the domain of intellectual property in B&H

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3. Users

The users of intellectual property may be grouped as follows:

Economic systems Small and medium-sized entrepreneurs Development-reserch institutions Higher-education institutions Craftsmen Inventors

Contemplating their respective activities in the acquisition and use of intellectual property in B&H through the number and structure of national applications for the protection of industrial property, which is one of transparent indicators, it was concluded that the use of intellectual property in B&H was not at satisfactory level.

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Strategy highlighted:

insufficient capacities in B&H, specialized, trained and experienced in drafting proposed legislation in the domain of intellectual property, in accordance with current and future requirements of economic development and accession to WTO and EU;

inadequate structure and insufficient capacity of the Institute for all functions which stem from the context of current competences and obligations imposed on B&H under WTO and SAA;

lack of preconditions (competence, resources) for the function of institutions within the institutional component pertaining to intellectual property management;

undeveloped user component: insufficient number of lawful representatives for the protection of industrial

property.

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In order to create a new intellectual property system of B&H, functioning in accordance with the demands imposed on it (economic development, WTO, SAA), some fundamental preconditions must be fulfilled in terms of the completion of intellectual property system in its all three components (legislation, institutions, users)

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1. Legislation

Sufficient human resources, specialized and qualified, having necessary experience in drafting new laws and bylaws (number of specialists, adequate specialist

education and possibly experience in drafting bills)

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2. Institutions New competences need to be defined and a new organizational

structure with a certain number of organizational units (Sectors, Services), consistent with such new competences, must be established in the Institute as an institution having the existing comptence pertaining to the establishment of intellectual property rights:

It is necessary to capacitate the institute in terms of human resources, provide necessary equipment and adequate office premises and sufficient financial resources;

As to the institutions for the enforcement of intellectual property rights, which already operate under their respective competences, it is necessary to determine their specific competences related to intellectual property and ensure that they have adequate human resources and suitable working conditions in terms of premises and materials and receive quality specialist education.

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In order to achieve maximum coordination and synergy of the function in the establishment, development and functioning of a new intellectual property system in BiH, of which a focal point is the Institute, the formation of the following Councils is proposed herewith:

Council for the legislative development of intellectual property system in B&H

Council for the enforcement of intellectual property

Council for the development of the users of intellectual property

Council for the promotion of use of the protection of appellations of origin

Council for copyright and related rights and the collective management of copyright and related rights

Council for the control of piracy and trade in counterfeit goods

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3. Users As for the users of intellectual property system of BiH, it is

necessary to define and implement programs to familiarize them with intellectual property and its use and raise their awareness of the role and importance of intellectual property;

Give an impetus to the establishment of internal offices for intellectual property in large economic entities and ensure social support for the small ones in the establishment and functioning of specialized agencies for intellectual property;

Ensure access to financial support under favourable conditions for the acquisition and maintenance of intellectual property rights in the country and abroad.

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STRATEGIC OBJECTIVES 1. Strengthen institutional capacities of the Institute for Intellectual Property of BiH for the

purpose of making it capable of discharging the duties under the present competence and new competences, which includes initiation, setting in motion, functioning and development of all three components of a new intellectual property system in B&H;

2. Establish preconditions for the establishment and promotion of the legislative component of a new intellectual property system of B&H in accordance with the needs for making contribution to the economic development of BiH and the demands imposed by integration processes, starting from the current demands under WTO/TRIPS and EU/SAA.

3. Improve institutional capacities of the Institute in accordance with the current competence pertaining to the conduct of quality, prompt, rational and transparent procedures for the grant of industrial property rights in B&H in accordance with the EU criteria and practices.

4. Contribute to institutional capacity building and the functioning of institutions, whose respective competences include the enforcement of intellectual property rights in B&H.

5. Contribute to the development of B&H intellectual property system users by means of raising public awareness of the role and significance of intellectual property in modern economy and knowledge-based society and establish preconditions for the use of intellectual property in achieving competitiveness of B&H economy.

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A C H I E V E M E N T S

According to Annual reports of the work of the Institute for intellectual property of Bosnia and Herzegovina for 2010 and 2011

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1. LegislationThe Institute has prepared a draft law in the intellectual property and submitted to competent authorities for consideration and adoption. Parliamentary Assembly adopted in 2010:Patent LawTrademark LawLaw on Industrial DesignsLaw on the Protection of geographical indications)Law on the Protection Topography of Integrated Circuits Law on Copyright and Related RightsLaw on Collective Management of Copyright and Related Rights

The laws provided a level of protection for holders of intellectual property rights in BiH according to EU Directives, the TRIPS Agreement and international conventions in this field.

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2. Institutions:Institute for intellectual property of Bosnia and Herzegovina

Employed: a total of 50 employees

Workspace: the work of the Institute provided at three locations: Mostar, Sarajevo and Banja Luka - a total of approximately 800m2

IT: Adequate IT equipment

PATLIB center: In Banja Luka – Established and equiped by adequate IT; Well educated staff; Available information and access to the databases either national or international such as ROMARIN, CTM...

Expert education: Continuously staff training

Web page: Redesigned and improved Web site of the Institute according to the recommendations of the WIPO Standing Committee on Information Technology. Web content is available on the Institute's official BiH languages and in English

Official Gazette: Redesigned, available in paper and electonic form

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2. Institutions:

Training in intellectual property: Staff of the Institute of Intellectual Property were trained

during study visits in the other National Offices (Serbia, Slovenia, Macedonia and Croatia).

Trained employees of institutions in charge of the implementation of intellectual property (ITA, market inspections, the Agency for Investigation and Protection, etc., )

Traings for prosecutors, judges, lawyers, police officers

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2. Institutions:

Three advisory councils as the coordinating body of the Institute constituted:

Council for the legislative development of intellectual property system in B&H

Council for the development of the users of intellectual property

Council for copyright and related rights and the collective management of copyright and related rights

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3. Users

Seminars and trainings for the users such as craftsmen and inventors

Lectures for students and other users of intellectual property

Materials in printed and electronic form such as brochures, afisha ...

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Brochures: How to protect patents in B&H

How to protect a trademark in B&H How to protect an industrial design in B&H How to protect geographical designation of origin in B&H

Copyright in B&H

brochure "Copyright and Related Rights in B&H" with a detailed review of the decision of the Law on Copyright and Related Rights Act and the collective management of copyright and related rights

Collection of International Conventions in Intellectual Property Collection of Intellectual Property legislation

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Irma Delibasic

Institute for Intellectual Property B&H

-Trademark Department- Hamdije Cemerlica 2/IX, 71 000

Sarajevo [email protected]

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THANK YOU THANK YOU

institute for intellectual property of bosnia and herzegovina

Documents

intellectual property

herzegovina slide

herzegovina address

industrial property

herzegovina gazette

existing system slide

support slide

office space